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Data from 2018 indicates that non-compete clauses cover 18 percent of American labor force participants. [2] A 2023 petition to the FTC to ban non-compete agreements estimated that about 30 million workers (about 20% of all U.S. workers) were subject to a noncompete clause. [3]
[1] [2] However, many non-compete clauses apply to low-wage workers or individuals who do not possess transferable trade secrets. [2] The extent to which non-compete clauses are legally allowed and enforced varies under different jurisdictions. Some localities and states ban non-compete clauses or highly restrict their applicability.
In most jurisdictions, courts routinely "blue pencil" or reform covenants that are deemed not reasonable. The blue pencil doctrine gives courts the authority to strike unreasonable clauses from a non-compete agreement, leaving the rest to be enforced, or actually to modify the agreement to reflect the terms that the parties originally could have and probably should have agreed to. [3]
This question may be too far-reaching for you to answer out of hand, but my question is this, I have a noncompete agreement with a company that is subject to the governing law of the State of Ohio.
The U.S. Federal Trade Commission has proposed a rule that would ban companies from entering or attempting to enter a non-compete agreement with a worker. The rule banning non-compete clauses in...
American workers are burdened by non-compete clauses that restrict them. We need universal freedom of movement to open the economy. Non-Compete Clauses Are Suffocating American Workers
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